Preliminary Rulings in the Arbitral Procedures Cover Image

Chestiunea prejudicială în cadrul procedurilor de arbitraj
Preliminary Rulings in the Arbitral Procedures

Author(s): Tudor-Matei Rusu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: article 267 TFEU; arbitral tribunals; Court of Justice of the European Union; preliminary rulings procedure;

Summary/Abstract: This article analyzes the preliminary rulings procedure (provided in the article 267 of the Treaty on the Functioning of the European Union), in particular, if the arbitral tribunals can request a preliminary ruling. Summarizing this procedure, when the national courts are facing a problem about the interpretation of the treaties of the European Union or about the interpretation and validity of some acts of the Union, they have the possibility, and sometimes even the obligation, to request a preliminary ruling from the Court of Justice of the European Union about those problems. In this article we will present the evolution and role of the arbitral tribunals when applying the European Union´s legislation, focusing on their right to request a preliminary ruling.

  • Issue Year: LXVI/2020
  • Issue No: 2
  • Page Range: 257-268
  • Page Count: 12
  • Language: Romanian